마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendants (the defendant A: imprisonment with prison labor for one year and four months, and the defendant B: one year) is too unreasonable.
2. The facts that the Defendants led to confession and misjudgmention are favorable; however, Defendant A re-offendered during the period of repeated crime despite the fact that the Defendants had been punished four times due to the same criminal act; Defendant B committed the instant crime despite the fact that the Defendants had been sentenced to the suspension of the execution of imprisonment due to the same criminal act; and the crime related to narcotics, etc. committed a serious social harm due to toxicity, etc.; however, the Defendants spread narcotics, etc. by providing phiphones to many persons, instead of being limited to the administration of phiphones, and do not deem that the lower court’s punishment is excessively unreasonable in light of the following circumstances, such as the Defendants’ age, character and conduct, motive, means and method of the instant crime, and the circumstances after the crime.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.